Copyright, Designs and Patents Act 1988, section 19

Infringement by performance, showing or playing of work in public

Part I Copyright

(1)The performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work.

(2) In this Part “performance”, in relation to a work—

(a)includes delivery in the case of lectures, addresses, speeches and sermons, and

(b)in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film[F72 or broadcastF72] of the work.

(3)The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film[F72 or broadcastF72] .

(4)Where copyright in a work is infringed by its being performed, played or shown in public by means of apparatus for receiving visual images or sounds conveyed by electronic means, the person by whom the visual images or sounds are sent, and in the case of a performance the performers, shall not be regarded as responsible for the infringement.

Definitions used in section 19 5

musical work

“musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

Defined in s.3(1) · see it in the full Act
sound recording

(1) In this Part “sound recording” means—

(a)a recording of sounds, from which the sounds may be reproduced, or

(b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

Defined in s.5A(1) · see it in the full Act

“sound recording” means—

Defined in s.5(1) · see it in the full Act
film

(1) In this Part “film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5B(1) · see it in the full Act

“film” means a recording on any medium from which a moving image may by any means be produced.

Defined in s.5(1) · see it in the full Act
broadcast

(1) In this Part a “broadcast” means an electronic transmission of visual images, sounds or other information which—

(a)is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them, or

(b)is transmitted at a time determined solely by the person making the transmission for presentation to members of the public,

Defined in s.6(1) · see it in the full Act
electronic

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

Cases considering section 19 7

Football Association Premier League Ltd v QC Leisure & Ors

[2012] EWCA Civ 1708 · 20 December 2012Interprets

The court treated section 19 as part of the restricted-acts framework. Section 72(1) concerns whether a restricted act infringes copyright, rather than whether the act is restricted. (see para [58]) Showing or playing a work in public was treated as a restricted act under section 19(3). The court recognised that the same activity could also constitute communication to the public under section 20. (see paras [36]; [53]; [58])

Performing Right Society Ltd v Qatar Airways Group QCSC

[2021] EWHC 869 (Ch) · 13 April 2021

Applies the public performance right as one of the preliminary issues. The judgment records that the dispute concerned whether playing musical works to passengers through the services constituted performance in public. (see paras [6]-[11])

Phonographic Performance Ltd v CGK Trading Ltd & Ors

[2016] EWHC 2642 (Ch) · 25 October 2016

The court applied section 19 to distinguish performance of literary, dramatic or musical works from playing or showing sound recordings, and treated authorisation of those acts as a distinct tort. (see paras [15]-[16])

What each judgment says about section 19 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F72Words in s. 19(2)(b)(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 1 para. 3(1)(b)(c) (with regs. 31-40)